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Bad Checks Laws New Hampshire

When am I in Trouble?

Under New Hampshire law, you are guilty of Issuing a Bad Check if you issue or pass a check for the payment of money and payment is refused by the bank. You are presumed to know that the check would not be paid if you had no account with the bank when you issued the check.

When am I not in Trouble?

You should not be charged with Issuing a Bad Check where a legal stop payment order has been issued with respect to the check or the bank refuses payment for any reason through no fault of the person who issued the check.

I issued a Bad Check. What should I do?

Pay the amount of the check. Quickly! It is an affirmative defense that you paid the amount of the check and all associated fees to the person to whom it is due within 14 days of receiving notice that payment was refused. Failure to make payment within 14 days after receiving notice that payment was refused is "prima facie" evidence of a violation of the statute.

Penalties for Issuing a Bad Check:

Issuing a Bad Check is a Class A Felony when:

The face amount of the check exceeds $1,500;
You have 2 or more prior convictions where the present and prior convictions are based on offenses committed within a 12 month period and the aggregate amount of the checks from the past and present exceed $1,500

Issuing a Bad Check is a Class B Felony when:

The face amount of the check exceeds $1,000 but is less than $1,500;

You have 2 or more prior convictions where the present and prior convictions are based on offenses committed within a 12 month period and the aggregate amount of the checks from the past and present exceeds $1,000 but is less than $1,500.

Issuing a Bad Check is a Class A Misdemeanor when:

The face amount of the check does not exceed $1,000 and you have been convicted for Issuing a Bad Check within the past 12 months. Issuing a Bad Check is a Class B Misdemeanor in all other circumstances.

The Law Office of

351 Main Street

Nashua, NH 03060

Phone: 603-595-5525

Fax: 603-595-5533

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The law firm of Shepherd and Osborne represents clients throughout New Hampshire including Manchester, Nashua, Concord, Bedford, Merrimack, Belknap County, Carroll County, Cheshire County, Coos County, Grafton County, Hillsborough County, Merrimack County, Rockingham County, Strafford County and Sullivan County.